HomeMy WebLinkAbout1984-03-13 ResolutionRESOLUTION NO. 84-49
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
CEDAR RAPIDS AND NNIOWA CITY RAILWAY COMAPNY REGARDING THE
LOCATEDAUP�N'RAILRUADAPROAERTYRATION, ETC. OF A WATER PIPE
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with _Cedar Rapids and Iowa Ci copy _agreement
being attached to th's ution and y thisareference smade a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said agreement with the Cedar Rapids and Iowa City Railway Pomo ( RANDT�)
which licenses the City of Iowa City to install, maintain, operata and I naw
a 12 -inch water pipe located upon the property of the CRANDIC just south
-of 6 Bypass.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with Cedar Rapids and I
ova City Railway fnmpany.
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
It was moved by Zuber and seconded by Ambrisco that
the resolution as reams aadopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X- Ambrisco
-X Baker
X Dickson
—. Y Erdahl
X McDonald
X -- Strait
X .— Zuber
jPassed and approved this 13th day of March
19 84 ,
M OR
ATTEST: .�1adl�oJ � �,�„
l CITY CLERK Received & Approved
By The legal Department
<157
AGREEMENT
CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter
called "Railway Company") hereby licenses CITY OF IOWA CITY
(hereinafter called "City") to install, maintain, operate and
renew 12" water pipe (hereinafter called "facility") upon the
property of the Railway Company at the following location:
At Nile Post 0 plus 330 feet in Iowa City,
Johnson County, Iowa at Engineers' Profile
Station 3+30 in Section 15, Township 79 North,
Range G West. A more particular description
of the location of said pipe line is made on
the print hereto attached, marked "Exhibit "A"
and hereby made a part of this agreement.
Said water pine shall be constructed of cast
iron Class 150 where it passes underneath the
tracks of Railway Company and across Railway
Company's right-of-way. It shall be not more
than twelve (12) inches in diameter, inside
measurement, and shall be encased in 22"
steel W.T. = 0.375" under Railway Company's
tracks and for a distance of twenty-five (25)
feet each side of track measured at right
angles thereto. Said pipe shall be laid at
a uniform grade entirely across the right-
of-way of Railway Company, and the top of
the pipe line shall be not less than 4.5
feet below the base of rail of said tracks,
nor at any point at a sufficiently shallow
depth to be affected by frost, as provided
in drawing attached hereto, marked "Exhibit
B" and made a part of this agreement.
The foregoing License is given such express terms and
conditions as are inserted below, as well as those contained
upon the attachment hereto, and should the City at any time
violate any of said terms or conditions, or use or attempt to -
use said facility for any other or different purpose than that
above specified, then the Railway Company, may, at its option,
immediately revoke this License.
The foregoing License is subject to the following con-
ditions:
1. The said facility shall be used for the purpose of
conveying water.
7.. The City is to have and to hold the same from Jan-
uary 1, 1984 to January 1, 1987, and thereafter until either
party shall qive the other party One Hundred Eighty (180)
days' written notice of its desire to terminate this lease;
and until so terminated, all conditions of this agreement
shall remain in full force and effect. Acceptance of rent in
advance by the Company shall not act as a waiver of the right
to terminate this agreement.
y57
3. Any written notice given by either party to the
other party shall be deemed to be properly served if the same
be delivered to such other party, or if mailed, postpaid,
addressed to such other party at such other party's last known
place of business.
In case of an emergency, notice shall be given by
telephone as follows: If to the Railway Company, by calling
the Superintendent, 12th floor, ie: Tower, at 319/398-4448 or
Dispatcher, Rockford Rd., S.W., at 319/398-4645: If to the
City, by calling the Water Department at 319/356-5166 or the
Police Department at 319/356-5275. Each party shall notify
the other party in writing of any change of address or tele-
phone number.
4. The City shall pay to the Company at its office
in the City of Cedar Rapids, Iowa, a rental of One Hundred
Dollars ($100.00) per annum, payable annually in advance,
beginning on January 1, 1984.
5. The City shall bear the cost of all protection
which the Railway Company may require for its tracks or
4 property during construction and maintenance hereby author-
ized and of all repairs, changes, additions or betterments
to said Railway Company's tracks or property made necessary
on account of same. If, in the judgment of the Railway
Company, it shall be necessary to provide support for its
tracks during the work of construction or maintenance, the
Railway Company will provide such support, and the entire
cost thereof will be paid by the City promptly upon receipt
of bill therefor.
6. The City will give to the Superintendent of the
Railway Company at least ten (10) days' notice in writing
before entering upon the right-of-way of the Railway Company
for construction purposes, or for the purpose of making
necessary repairs unless an emergency exists. During an
emergency, the City shall have the right to make emergency
repairs without prior written notice to the Railway Company,
but the City shall notify the Railway Company of such work
as per Section Three (3). The Railway Company reserves the
right to judge of the necessity of repairs to said facility,
and to require the City to make such repairs upon ten (10)
days' notice in writing. In such case, the City may enter
upon said right-of-way without the ten (10) days' notice
above referred to, and shall proceed forthwith to make such
such repairs, and upon failure to do so within ten (10)
days, the Railway Company shall have the right to make said
repairs and collect the entire cost thereof from the City.
The Railway Company reserves the right, in case, in its
opinion, the safety of its tracks or property demands it,
to make emergency repairs if the City does not respond
promptly to telephone notice (as per Section Three (3)) of
the need for such emergency repairs, and to collect the cost
thereof from the City as herein provided.
-2-
y57
7. Tt ie understood by the City that =aid facility is
subject to the dangers and hazards of the operation of the
railroad of the Railway Company, and this Aqreement is subject
to all risks thereof. The City assumes and agrees to pay for
loss or damage to all property whatsoever, and injury to or
death of Any person or person whomsoever, including all costs
and expenses incident thereto, arising or resulting from, and
caused by, the constriction, maintenance, repair, renewal, re-
construction, operation, use or removal of said facility, or
any defect therein or failure thereof, or the failure of the
City, or its officers, agents, or employees to abide by or
comply with any of the terms or conditions of this Agreement;
and the City forever indemnifies the Railway Company against
and agrees to save it harmless from any and all claims, demands,
lawsuits, or liability for any such loss, damage, injury, death,
cost and expense. The Railway Company agrees to promptly notify
the City of any such claim, demand, or lawsuit so as to allow the
City to dafend against any such claim, demand, or lawsuit.
8. The Railway Company reserves the right to use, occupy
and enjoy its tracks, property and right-of-way, for such t)ur-
pose, in such manner, and at such time as it shall desire, the
same as if this instrument had not been executed by it. If any
such use shall necesuitato any change in the location of said
facility, or any part thereof, such change shall be made by the
City, at the expense of the City, upon demand of the Railway
Company, and the said Railway Company shall not be liable to
the City on account thereof, or on account of any damage crowing
out of any use which the Railway Company may make of its said
tracks, property and right-ofrway.
9. The Railway Company shall have the right at any
time by giving one Hundred Twenty (120) days' notice in writing
to the City to require the City at its expense to re -arrange or
move this facility so as to conform to changes the Railway Com-
pany may desire to :sake in its track grade, track location or
line or any other changes Railway may desire to make in its
property -at this point.
10. The waiver of a breach of any of the terms and con-
ditions hereof shall be limited to the act of acts constituting
such breach, and shall never be construed as being a continuing
or pormann,nt waiver of any such terms or conditions, all o! which
shall be atud remain in full force and affect as to future acts
or happenings, notwithstanding any such waiver.
11. This License is personal to the City, and is not
assignable or transferable, without the written consent of the
Railway Company bei.no first obtained.
Iq WITIUSS VIJEZR Or. this instrument is executed this
_alsr day of_ _inggcn , 1904.
CEDAR RAPIDS D I CITY RAILWAY COMPI
By.:
President
ATTL'ST:
Assistant So t9tAry
CITY F IOWA CITY I� /��
By i�41 e-lt ��••
ATTEST:
Received & Approved
By The Legal pap.i0menl
aCtT/oN 2/ rvwNSN1O 79 NO?TN RRNOf G G/6yT
IFA, ROW —7
H6F9vRfNrNT '
RrSCARCH CORP
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lei)Nols v/r v HONTlIOMIi OII.
/840 C/ry - =#A/F,ON CO- - I/vE►
Pi90P10 8"' woreR C/NE
CROSSING TO sE?YE THE CNY'
nFiirE /7ivN, FME:�.......CCRis:I 5n• ,
7
i
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a
TRACK.
I
'D'
i
CA R RIER PIPE
SEAL NOT REQUIRED
IF CASING ENDS
ABODE GROUND WERE
DRAINAGE LS AfMI[ASLE
-GENERAL INSTRUCT/ONS -
I: SCOPE- PIPE LINES UNDER THESE SPEC/F/CAr/ONS ARE THOSE INSTALLED TO CARRY STEAM,
WATER OR ANY NONFLAMMABLE SUBSTANCE WHICH FROM ITS NATURE OR PRESSURE MIGHT
CAUSE DAMAGE /F ESCAPING ON OR /N THE V/C/N/TY OFRAXROAD PROPERTY.
2. INSTALLATION: LOW PRESSURE WATER PIPE LINES UNDERRAILAOAD TRACKS,S£RV/NG DOMESTIC
USERS, THAT DO NOT EXCEED 2" IN DIAMETER WILL NOT REQUIRE ENCASEMENT. ALL PIPE
LINES OF MORE THAN 2" /N DIAMETER WILL REQUIRE ENCASEMENT PIPE EXCEPr wHERE
SPECIFIC AUTHORITY IS OBTAINED FROM THE CHIEF TO DEVIATE FROM THIS SNDAMDL
J-' CARRIER PIE UNDER RAILROAD TRACK OR RIGHT OF WAYNSHALL RBE OF APPROVED C0WSTRUCT/ON
AND LAID $O THAT NO JOINTS ARE DIRECTLY UNDER TRACK TIES.
I: WS/NG PIPE AND JOINTS MAY BE OF ANY APPROVED rn,vnu/7 rnem Ymlr nnw .NO SNA
AJ Iv PRt Yt NT THE FORMATION OFA WAT4
ED WITH EVEN BEAR/NG THROUGHOUT /TS LE
THE INSIDE DIAMETER OF THE CASING SHAL
SIDE DIAMETER OF CARRIER PIPE JOINTS O.
S* SEALS -WHERE THE ENDS OF THE CASING ARS
AGAINST THE ENTRANCE OF FORE/GN MATER[
WHERE THE ENDS OF THE CASING ARE Ar L
LEVEL. THEY MAY BE LEFT OPEN,PROV/D/N6
LEAKAGE WILL BE CONDUCTED AWAY FROM TL
INSTALLED /N CASING ON CARRIER PIPES r
B: DEPTH OF CASING- THE TOP OF THE CASING
CLOSEST POINT SMALL Atli BE LESS THAN I
PORTIONS OF THE RAILRO4D RIGHT OF WAY M
TRACK THE DEPTH FROM THE SURFACE OF
THE TOP OF THE CAS/NG,SHALL Nor BE LEJ
SECURE THE ABOVE DEP THS, SPECIAL COWS)
PLENGTH- CASING SMAII FYTF/vn PArM clAr
B+SNUr OFF VALVES- MNER£ WARRAA
VALVESTSMAL AALRoADCO,
S ALLED WITH
D.' APPROVAL OF PLANS- wHERE /T TS
IMPRACTICABLE TO COMPLY wl rV
THIS PLAN DEVIATION MUST BE
APPROVED BY CHIEF ENGINEER,
IND SHALL SLOPE TO ON
T LEAST 2'GREATER TA
L /NGS.
W GROUND THEY SHALL B
CH MAY PREVENT READY R
VE GROUND SURFACE AND
VALE /S AFFORDED IV
SLA
OBED AND STRUCTURES.
IRRY SUBSTANCES UNDER
SHALL BE BELOW THE FR
T BELOW BASE OFRAILRL
LL B£
FFICIALSO SMALL
SING OR CONDUIT
rCEPT Ar me EAvs
C BE SO INSTALLED
i SHALL BE INSTALL•
ID.
THE LARGEST OUT-
ITABLY PROTECTED
VAL OF CARRIER PIPE.
WE HIGH WATER
MANNER THAT
S NOT TO BE
ESSURE.
LINE AND AT ITS
1/L. ON OTHER
9ENEATH ANY
M OF DITCHES TO
TRACK
THE DEPTH
ARE CONST -
ALLY AGREED
PR/r OFF
EXH/B/ T B
ROCK ISLAND LINES
PLAN TO ACCOAfPANY CONTRACTS
FOR UNDERGRADE PIPE LINE CROSSINGS
TO CARRY NONFLAMMABLE SUBSTANC&.
ADOPTED:AUGIOW"
4:74 -ell
RESOLUTION NO. 84-50 WW
RTAINOrETvConiONftOFrnMnon�BEO�n�nYn�r�.H4 ✓
INSTALLATION, MAINTENANCE, OPERATION, ETC. OF A WATER PIPE
LOCATED UPON RAILROAD PROPERTY
WHEREAS, the City of Iowa City, Iowa, has negotiated an a�creement
with Cedar Rapids and Iowa City Railway Co., a copy of said agreeme�—
being attached to this ResolutionE by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said agreement with the Cedar Rapids and Iowa City Railway Co. (CRANDIC) which
licenses the City of Iowa City to install maintain, operate and renew an
R-inch_water line In upon the oronerty of the CRANDIC near Thomas &
Betts Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with Cedar Rapids and Iowa City Railway Co.
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
It was moved byZuber and seconded by Ambrisco that
the resolution as read_ be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
_X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 13th day of March 1984L lwA
.
hAIOR
i-
ATTEST: % !e
=JeAsn
CITY CLERK
11sb
i
%1L
AGREEMENT
CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter
called "Railway Company"), hereby licenses THE CITY OF IOWA
CITY (hereinafter called "City") to install, maintain, operate
and renew an 8" water pipe (hereinafter called "facility")
upon the property of the Railway Company at the following
location:
At Mile post 1 plus 3786 feet, Engineers' Profile
Station 62+42, Section 21, Township 74J North,
Range 6 West, Johnson County, Iowa (Montezuma
Branch). A more particular description of the
location of said pipe line is made on the print
hereto attached, marked "Exhibit A" and hereby
made a part of this Agreement.
� Said water pipe shall be constructed of cast
iron Class 150 where it passes underneath the
tracks of Railway Company and across Railway
Company's right-of-way. It shall be not more
i than eight (8) inches in diameter, inside
measurement, and shall be encased in 12" steel
(W.T. 0.2511) under Railway Company's tracks
and for a distance of twenty-five (25) feet
each side of track measured at right angles
thereto. Said pipe shall be laid at a uniform
grade entirely across the right-of-way of
Railway Company, and the top of the pipe line
shall be not less than 4.5 feet below the base.
of rail of said tracks, nor at any point at a
sufficiently shallow depth to be affected by
' frost, as provided in drawing attached hereto,
marked "Exhibit B" and made a part of this
Agreement.
The foregoing License is given such express terms and
conditions as are inserted below, as well as those contained
upon the attachments hereto, and should the city at any time
violate any of said terms or conditions, or use or attempt to
use said facility for any other or different purpose than that
above specified, then the Railway Company may, at its option,
immediately revoke this License.
r
The foregoing License is subject to the following con-
ditions:
1. The said facility shall be used for the purpose of
conveying water.
2. The City is to have and to hold the same from Jan-
uary 1, 19B4 to January 1, 1987, and thereafter until either
party shall give the other party one hundred eighty (180)
days' written notice of its desire to terminate this lease;
and until so terminated, all conditions of this agreement
shall remain in full force and effect. Acceptance of rent
in advance by the Company shall not act as a waiver of the
right to terminate this agreement.
■
3. Any written notice given by either party to the
other party shall be deemed to be properly served if the same
be delivered to such other party, or if mailed, postpaid,
addressed to such other party at such other party's last known
place of business.
In case of an emergency, notice shall be given by
telephone as follows: If to the Railway Company, by calling
the Superintendent, 12th floor, ie: Tower, at 319/398-4448
or Dispatcher, Rockford Road, S.W., Cedar Rapids at 319/398-
4645: If to the City, by calling the Water Department at
319/356-5166 or the police Department at 319/356-5275. Each
party shall notify the other party in writing of any change
in address or telephone number.
4. The City shall pay to the Company at its office
in the City of Cedar Rapids, Iowa, a rental of One Hundred
Dollars ($100.00) per annum, payable annually in advance,
beginning on January 1, 1984.
5. The City shall bear the cost of all protection
j which the Railway Company may require for its tracks or
i property during construction and/or maintenance hereby auth-
orized and of all repairs, changes, additions or betterments
to said Railway Company's tracks or property made necessary
on account of same. If, in the judgment of the Railway
Company, it shall be necessary to provide support for its
tracks during the work of construction or maintenance, the
Railway Company will provide such support, and the entire
cost thereof will be paid by the City promptly upon receipt
of bill therefor.
6. The City will give to the Superintendent of the
Railway Company at least ten (10) days'notice in writing
before entering upon the right-of-way of the Railway Company
for repairs unless an emergency exists. During an emergency,
the City shall have the right to make emergency repairs with-
out prior written notice to the Railway Company, but the City
shall notify the Railway Company of such work as per Section
Three (3). The Railway Company reserves the right to judge
of the necessity of repairs to said facility, and to require
the City to make such repairs upon ten (10) days' notice in
writing. In such case, the City may enter upon said right-
of-way without the ten (10) days' notice above referred to, 1
and shall proceed forthwith to make such repairs,.and upon
failure to do so within ten (10) days, the Railway Company
shall have the right to make said repairs and collect the
entire cost thereof from the City. The Railway Company re-
serves the right, in case, in its opinion, the safety of
its tracks or property demands it, to make emergency repairs
if the City does not respond promptly to telephone notice
(as per Section Three (3)) of the need for such emergency
repairs, and to collect the cost thereof from the City as
herein provided.
7. It is understood by the City that said facility
is subject to the dangers and hazards of the operation of the
railroad of the Railway Company, and this Agreement is subject
-2-
yss'
to all risks thereof. The City assumes and agrees to pay for
loss or damage to all property whatsoever, and injury to or
death of any person or persons whatsoever, including all costs
and expenses incident thereto, arising or resulting from and
caused by the construction, maintenance, repair, renewal, re-
construction, operation, use or removal of said facility, or
any defect therein or failure thereof, or the failure of the
City, or its officers, agents, or employees to abide by or
comply with any of the terms or conditions of this Agreement)
and the City forever indemnifies the Railway Company against
and agrees to nave it harmless from any and all claims, demands,
lawsuits, or liability for any such loss, damage, injury,
death, cost and expense. The Railway Company agrees to promptly
notify the City of any such claim, demand, or lawsuit so as to
allow the City to defend against any such claim, demand or
lawsuit.
8. The Railway Company reserves the right to use,
occupy and enjoy its tracks, property and right-of-way, for
such purpose, in ouch manner, and at such time as it shall
desire, the same as if this instrument had not been executed
by it, If any such use shall necessitate any change in the
location of said facility, or any part thereof, such change
shall be made by ttie City, at the expense of the City, upon
demand of the Railway Company, and the said Railway Company
shall not be liable to the City on account thereof, or on
account of any damage growing out of any use which the Rail-
way Company may make of its said tracks, property and right-
of-way.
9. The Railway Company shall have the right at any
time by giving Ono Hundred twenty (120) days' notice in writing
to the City to require the City at its expense to re -arrange
or move this facility so as to conform to changes the Railway
Company may desire to make in its track grade, track location
or line or any other changes Railway may desire to make in its
property at this point.
10. The waiver of a broach of any of the terms and con-
ditions hereof shall be limited to the act or acts constituting
such breach, and shall never be construed as being a continuing
or permanent waiver of any such terms or conditions, all of
which shall be and remain in full force and effect, as to
future acts or happenings, notwithstanding any such waiver.
11. This License is personal to said City and is not
assignable or transferable., without the written consent of the
Railway Company being first obtained.
IN WITNLSS wllLIjEor, this instrument is executed this
I.sr day of ,,)79RCH _, 1984.
CEDAR RAPIDSCITY RAILWAY COMPANY
By.:
-----___-���
President
ATTESTi
Assistant Sac r ary
The undersigned, the
License, hereby accepts ttie
condition4lQj ,fin, stated.
R fh^ pproved
U
Y . i':7+�I cpartment
.. -.-lr---'-. _.3 Itµ•
ATTEST:
City mentioned in the foregoing
same, subject to the terms and
C1. OF IOWA C.I �
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iii,; ern» SEAL NOT REOULREO
SI/OGRAOE lF CASING ENOS
j ABOVE GROUND WHERE
I DRAINAGE 4 AVAILABLE
A 4N LIN •r 7)' ( 4? S'�/N.
25EAL CASING•'; SEAL'
-- --- ---�- ------- ---- --- ---- - --------------------
- - -- ----
L- CARRIER PIPE
-GENERAL INSTRUCTIONS -
I: SCOPE- PIPE LINES UNDER THESE SPECIFICATIONS ARE THOSE INSTALLED TO CARRY STEAM
WATER OR ANY NONFLAMMABLE SUBSTANCE WHICH FROM ITS NATURE OR PRESSURE M/CHT
CAUSE DAMAGE /f ESCAPING ON OR IN THE VIC/N/rr OFAA&AO4D PROPERTY.
2: INSrALLAT/0N: LOW PRESSURE WATER PIPE LINES UNDERAAILROAD TRACKS,SERV/NG DOMESTIC
USERS.THAT DO NOF EXCEED 2" IN DIAMETER /rill Nor REQUIRE ENCASELIENr. ALL PIPE
LINES OF MORE THAN 2" IN DIAMETER WILL REQUIRE ENCASEMENT PIPE EXCEPT WHERE
SPEC/F/C AUTHORITY IS OBTAINED FRO.N THE GRIEF ENOI,'IEER TO DEVIATE FROM T� i.!.794PD.
S:CARR/ER PIPE UNDERRA/LROAD TRACK OR RIGHT OF I%AY SHALL BE OF APPROVED CO::STi uCTION
d: SHUT Off VALVES- {t/HERE HARRAN
TO BY THERAKROAD CO. AND THE 0
VALVES SNAIL BE INSTALLED WIrNj
9: APPROVAL OF PLAITS -WHERE /T IS
IMPRACTICABLE TO CWJPLY WITH
THIS PLAN DEVIAT/ON A/UST BE
APPROVED LY CHEF EmINC CR.
ROADBED AND
T CARRY SUBS
IPE SHALL OE
Fr:.-, SH;LL Cl INSTALL,
no.
'I THE LARGEST OUr-
sulrA9LY P.7OwcrEO
IC 1,L Cr CAA-%rR PIP..
B"/E HIGH .. ,'TER
A HANNERTNAr
YD AT 1 rs
101 -HER
rH ANY
;ITCHES TO
'AL TO
TRACK
THE DEPTH
ARE CONST -
ILLY AGREED
hvr ofF
DISTANCE AT EACH SAVE OF THE CROSSING.
EXHIBI 78
ROCK ISLAND LINES
PLAN rO ACCOMPANY CONTRACTS
FOR UNDERGRADE PIPE LINE CROSSINGS
rO CARRY NONFLAAMIAW SUBSTANCES.
ADOPTEO:AUG.10,195I
'NGIIviAI.OF 1K
SOV
DECEIVED FEB 2 4 1984
RATE, NOLAN, BOHANAN, MOEN B: LUCAS
LAWYERS
22 GST COURT 3TRCCT
EDWARD W.
UCAS IDT]f
IOWARO W. LUCAS (1900•I930) IOWA CITY, IOWA 6EU'30 310•3111.0221
EDWARD F. RAT[
JOHN T. NOLAN 23 February 1984 ]ID-]]T•D O3D
ALAN R. BOHANAN
MARC O. MOIN
WILLIAM C. LUCAS
CYNTHIA [.PARSONS
Mayor and City Council
c/o City Clerk
Iowa City Civic Center
410 E. Washington St.
Iowa City, IA 52240
Dear Mr. Mayor and Council Members:
This office represents Mr. Joseph Kennedy the owner of
the Vine building at the corner of Gilbert and Prentice
Streets.
In connection with application for variance to the Iowa
City Parking requirements the Board of Adjustment has
apparently recommended that the Maiden Lane public
right-of-way between Prentice Streets and Ralston Creek to
the North be looked into by the City Council. On behalf of
Mr. Kennedy, we join in said recommendation.
Yours truly, /J
WILLIAM C. LUCAS
WCL/nrg
cc Joe Kennedy
CAMIowa Department of Transportati -�
430 16th Avenue SW, Cedar Rapids, Iowa 52404 M D
March 6, 1984 MAR 8 1984
Ref: FN -518-3(20)-21-9 CLERK
Washington -Johnson
Agreement No. 84-M-159
I
The Honorable John McDonald RE: Signing
Mayor
City Hall
Iowa City, Iowa 52240
Dear Mayor McDonald:
This is official notification to your City Council that the Iowa
i Department of Transportation proposed to let a signing project on
Primary Highway No. 218 on April 10, 1984. The project begins at
Iowa Primary Highway No. 22 Washington County, and extends northerly
and northwesterly to Interstate Primary Highway No. 80 in Johnson
County. A portion of this project lies within the City of Iowa City
and extends from the south corporation line northwesterly to the
west corporation line.
{ The work will be done in accord with the current form 810034 "Agree-
ment for Primary Road Extension Maintenance and Operation." Project
costs will be paid from the Primary Road Fund and no charges will be
made against the City.
The project is proposed for construction during 1984.
i
{ Resident Engineer Richard E. Kautz of Cedar Rapids, Iowa, telephone
number 319-366-6818, will advise you of the contractor's proposed
schedule when the information is available.
We would appreciate this project notification being included on your
next City Council meeting agenda as a matter of information for the
Council members.
If you have any questions concerning the work involved, please contact
this office as soon as possible in order to expedite any possible
changes.
Very r y y urs,
R C. Henely
District Engineer
RCH:psb
cc: Ed Fawkes, Iowa D.O.T., Office of Right of Way
RME W.E. Zitterich
RCE Richard Kautz
1140
RESOLUTION NO. 84-51
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION,
PARTS 4-7, A SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Southgate Development Inc., have filed with the City
Clerk of Iowa City, Iowa, an application for approval of the preliminary plat
of Pepperwood Addition, Parts 4-7; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary plat and have
recommended approval of same; and
WHEREAS, the preliminary plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that it
be accepted and approved; and
WHEREAS, the preliminary plat is found to conform with all of the require-
ments of the city ordinances of the City of Iowa City, Iowa; and
WHEREAS, a preliminary Planned Area Development (PAD) plan was previously
approved by Resolution 79-191 in May of 1979 for the same geographic area and
said plan is no longer needed for approval of the preliminary plat of
Pepperwood Addition, Parts 4-7.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
I0WA:
1. That the preliminary plat of Pepperwood Addition, Parts 4-7, is hereby
approved.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby
authorized and directed to certify this resolution which shall be affixed
to the plat after passage and approval by law.
3. That the preliminary Planned Area Development (PAD) plan, approved by
Resolution No. 79-191 on May 8, 1979, is hereby repealed.
It was moved by Strait and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
7-?-
Resolution No. 84,
Page 2
Passed and approved this 13th day of _
ATTEST: )Je � �
CLERK
T�
March . 1984.
,,� 6 App ""ed
BY ca
By
eJr p3
IV
Z/ 70?,
,3a
I
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION,
PARTS 4-7, A SUBDIVISION OF JOHNSON COUNTY, IOWA.
W EREAS, the owners, Southgate Development Inc., have filed with the City
C1 k of Iowa City, Iowa, an application for approval of the preliminary
pla of Pepperwood Addition, Parts 4-7; and
WHEREA the Department of Planning and Program Developpent and the Public
Works partment have examined the proposed prelim -nary plat and have
reco 'en approval of same; and
WHEREAS, 7th\priminary
minary plat has been examined y the Planning and Zoning
Commission er due deliberation the Co ssion has recommended that
it be accepapproved; and
WHEREAS, thplat is found to conform with all of the require-
ments of thordinances of the Cit of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY ,THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
I. That the preliminar plat
approved.
2.. That the Mayor and Ci y
hereby authorized and d'r
be affixed to the pl t a
It was moved by
the Reso u ion be a
Passed And approved this
Pepperwood Addition, Parts 4-7, is hereby
Clerk of the City of Iowa City, Iowa, are
!cted to certify this resolution which shall
er passage and approval by law.
and seconded
ape ,and upon roil call
there were:
NAS: ABSENT:
day of
MAYOR
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
1984.
ATTEST: Received & Approved
CITY CLERK BY lti e LOW P �ZEI
W7.2-1
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce Knight
Item: S-8406. Pepperwood Parts 4-7 Date: February 23, 1984
GENERAL INFORMATION
Applicant: Southgate Development Co.
!f/ %Z
325 E. Washington Street
Iowa City, IA 52240
Requested action:
Approval of the revised prelimi-
nary plat of Pepperwood Addition,
Parts 4-7.
Purpose:
To develop 72 single family
residential lots.
- Location:
West of Pepper Drive and south of
—
i
the K -Mart area.
i
Size:
Approximately 19 acres.
Existing land use and zoning:
Undeveloped and RS5
Surrounding land use and zoning:
North - undeveloped and R412
East - single family and RS5
West - undeveloped and RS5
Comprehensive Plan:
Residential, 2-8 dwelling units
per acre
Applicable regulations:
Provisions of the Subdivision Code
and Stormwater Management Ordi-
nance.
45 -day limitation period:
3/26/84
60 -day limitation period:
4/9/84
SPECIAL INFORMATION
j
Public utilities:
Adequate water and sewer services
are available.
i
Public services:
Sanitation service and police and
fire protection are available.
Transportation:
Vehicular access is proposed via
Sandusky Drive and Keokuk St.
Physical characteristics:
The topography is gently rolling
with maximum slopes of 5%.
!f/ %Z
1,
Page 2
ANALYSIS
The applicant is requesting approval of the revised preliminary plat of
Pepperwood Addition, Parts 4, 5, 6 and 7. A preliminary plat and planned
area development (PAD) plan for the same geographic area was previously
approved in May, 1979. However, since the Subdivision Regulations p
that a preliminary plat is effective only for an 18 month time period, the
previously approved preliminary plat has expired and it is not necessary
to label this application as revised. No such expiration period exiss
for the preliminary PAD plan, and since this new plat does not require a
PAD plan, the previous plan should be repealed.
The previous plat/plan (see attachment #2) called for 36 standard single
family lots plus an additional 46 lots for attached (zero lot line) single
family dwellings, for a total of 82 possible units. The only significant
change from the previously approved plat/plan is the overall density. The
applicant is proposing to revise the plat by eliminating the lots for zero
lot line development and platting standard lots for single family develop-
ment instead. This would reduce the overall density to 72 single family
units.
The street layout proposed on this new plat is the same as on the previ-
ously approved plat. It also conforms to the Trafficway Network plan
approved as part of the Comprehensive Plan Land Use Update (see attachment
This
this area, withpKeokuk Streeter and sky Drives as deadend ng at Sand ctor
sky Driveosed .
Another difference in this preliminary plat from that approved previously
regards stormwater management. On the previously approved plat, three
stormwater storage areas were shown in the rear yard areas. These basins
are not shown on the revised preliminary plat and instead, a single basin
is SanduskysAvenue. Calculationsohaveybeeneof submittedeonots located north of
this change.
STAFF RECOMMENDATION
Staff recommends that the preliminary plat of Pepperwood, Parts 4, 5, 6
and 7 be approved.
ATTACHMENTS
1. Location map
2. Previously approved plat/plan
3. Trafficway Network Plan
ACCOMPANIMENTS
1.
2.
-
Preliminary plat of Pepperwood,
Proposed trafficway circulation
Approved by:
Program Development
4%-7—
Y
I I I IIra191,a,r!dI
8
t�
•' / " �i?� A+ JS' ! Aa F r .[. �oulfie omisvfi
Rps/r Pw/ �
pN,wua /ANG
rellminery
ascrlplion
ocallon Map
wIM Y.1Y•, n • Y r. •fi.
YreH•.ro l.�i •fir. Y,.. IY
•1r +w
an a l.r aur r..
PEPPERWOOD
PART 3 - 7
preliminary
pad plan
_8 revised _plat -
a
Int Involit
m
,117.-2,
I
I
RESOLUTION 110. 84-52
RESOLUTION AUTHORIZING THE 14AYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD CENTER,
INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR PURCHASE OF A HANDICAPPED PASSENGER VAN.
WHEREAS, the City of Iowa City is the recipient of funds granted by the
U.S. Department of Housing and Urban Development (HUD) under Title I of
the Housing and Community Development Act of 1974, as amended (Public
Law 93-383); and
WHEREAS, the City of Iowa City wishes to utilize such funds to assist
the Willow Creek Neighborhood Center, Inc. in the purchase of a
handicapped passenger van_for the transportation of users of the Willow
Creek Neighborhood Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest
an agreement with the Willow Creek Neighborhood Center, Inc., to
purchase a handicapped passenger van. Said agreement is attached
to this resolution and is incorporated by this reference herein.
It was moved by — Zuber and seconded by Strait
the Resolution be a op e , and upon roll ca there were
AYES: NAYS: ABSENT:
X
X
Passed and approved this 13th dal of
ATTEST:
Ambrisco
Baker
Dickson
X Erdahl
McDonald
Strait
Zuber
1984.
teomh,ad & ApVWW
gy 1ho Legal Department
+ -
/M
■
AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE WILLOW CREEK NEIGHBORHOOD CENTER, INC.
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE PURCHASE OF A HANDICAPPED PASSENGER VAN
THIS AGREEMENT, entered into this 13th day of March , 1984, by and
between the City of Iowa City, a muni— cip corporation(herein referred to as the
"City"), and the Willow Creek Neighborhood Center, Inc. (herein referred to as the
"WCNC"); and
WHEREAS, the City is the recipient of 1984 Community Development Block Grant (CDBG)
funds granted by the U.S. Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (Public Law
93-383); and
WHEREAS, the City wishes to utilize such funds to assist WCNC in the purchase of a
handicapped passenger van.
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS
AGREEMENT:
PART I
I. PURPOSE AND SCOPE OF SERVICES:
A. WCNC shall purchase a passenger van with a wheelchair lift for handicapped
persons.
B. The City shall provide technical assistance regarding bidding procedures and
awarding of a contract for purchase of the van. All procedures shall be carried
out according to HUD standards and shall be monitored by the City.
C. Upon receipt, said van shall be used for the transportation of users of the
Willow Creek Neighborhood Center for recreational, educational and medical
purposes. The van shall also be used to assist the handicapped, senior citizens
and disadvantaged persons in carrying out essential daily living activities such
as banking and grocery shopping.
II. TIME OF PERFORMANCE:
WCNC will perform according to the following schedule,
Program Element Deadline
Bid Opening 3-9-84
i Notification of Successful Bidder 3-16-84
Delivery of Van 6-15-84
Van in Operation 6-30-84
This schedule is subject to change by mutual agreement of both parties, in writing.
yP
-2 -
III. COMPENSATION AND METHOD OF PAYMENT:
The City will pay and 'WCNC agrees to accept in full the amount of fifteen thousand
dollars ($15,000) or the purchase price of said van, whichever amount is less, for
performance under this agreement, as follows:
1. Full payment will be made upon presentation to the City by WCNC of a properly
executed contract for purchase of a handicapped passenger van.
2. The total of the above payment will not exceed $15,000.
IV. TERMS AND CONDITIONS:
A. The City will assume no responsibility or liability for the maintenance and
operation of the WCNC van.
B. WCNC shall, at its own expense, procure and maintain during the period of this
agreement comprehensive and collision insurance for the WCNC van and, at a
minimum, liability insurance for bodily injury or death as a result of any one
accident for more than one person in the amount of $150,000; insurance for
property damage (other than that to the WCNC van) as a result of any one
accident in the amount of $10,000, and insurance for loss or damage of property
of passengers in the amount of $1,000. Proof of insurance shall be shown -to the
City by furnishing a copy of a duly authorized and executed policy issued by an
insurance company licensed to do business in the state of Iowa.
C. In the event that WCNC elects to sell or otherwise transfer legal or equitable
interest in the van or discontinue the WCNC program, prior to June 30, 1989,
WCNC will transfer legal title of the WCNC van to the City or will pay to the
City a prorated share of the total COBG funds allocated to this project. The
prorated share shall be determined by using the depreciated value of the WCNC
van as listed in the then current NADA Official Used Car Guide.
D. Except as provided herein, the terms of this agreement shall be from the date of
execution through June 30, 1989.
E. This agreement is subject to and incorporates all other terms and conditions set
forth in Part II hereof.
PART II
I. PERFORMANCE AND REPORTING:
A. WCNC will provide transportation for users of the WCNC as specified in PART I,
PURPOSE AND SCOPE OF SERVICES, Section C, until June 30, 1989, in a manner
satisfactory to the City.
B. WCNC will direct all correspondence concerning this agreement to the Office of
the Iowa City Community Development Block Grant Program Coordinator.
C. WCNC will submit quarterly reports by the 20th day of February, May, August and
November of each contract year. In addition,, an audited annual report will be
submitted by January of each contract year. No reporting requirements shall
extend beyond June 30, 1989. Quarterly reports will include, at a minimum,
statistics pertaining to the number of trips and number of persons transported
in the van, as well as number of handicapped persons transported.
/��
-3-
0. Not later than July 1, 1984, WCNC will provide the City with a certified
statement of the expenditure of funds disbursed under this agreement.
II. OTHER REPORTS, AUDITS AND INSPECTIONS:
A. WCNC will furnish the City or HUD with such statements, records, data, and
information as the City or HUD may reasonably request, pertaining to this
agreement, within the time requested.
B. At any time during normal business hours, there shall be made available to the
City, HUD, and/or the Comptroller General of the United States, or their duly
authorized representatives, all of WCNC's records with respect to this agreement
in order to permit examination of any audits, invoices, materials, payrolls,
personnel records, conditions of employment, and other data relating to all
matters covered by this agreement.
C. WCNC will retain financial records, supporting documents, statistical records,
and all other records pertaining to expenditures under this agreement for a
period of three (3) years from the termination of this agreement.
III. CONTRACTING AND PROCUREMENT STANDARDS:
The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 and
OMB Circular A-122 (Cost Principals for Non-profit Organizations) shall apply to the
use of funds disbursed under this agreement.
IV. NON-DISCRIMINATION:
No person shall be excluded from or denied the use of the WCNC van on the basis of
age, race, color, national origin, sex, marital status, sexual orientation or
disability. All prospective beneficiaries must, however, be users of the WCNC.
V. EQUAL EMPLOYMENT OPPORTUNITY:
WCNC certifies that it is an "Equal Opportunity Employer" and that it will comply
with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A. (State Civil
Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of
Housing and Urban Development pertaining to equal opportunity and affirmative action
in employment. Further, WCNC will ensure that all contracts under this agreement
contain an appropriate equal employment opportunity statement.
VI. TERMINATION OF AGREEMENT FOR CAUSE:
If WCNC fails to fulfill its obligations under this agreement in a timely and proper
manner or if WCNC violates any of the terms, agreements or stipulations of this
agreement, the City shall thereupon have the right to terminate this agreement by
giving written notice to WCNC specifying the default, or defaults, and stating that
this agreement will be terminated thirty days after the giving of such notice unless
such default, or defaults, are remedied within such grace period. In the event of
such termination, WCNC shall repay to the City the full amount of CDBG funds
allocated to this project, or, at the option of the City, transfer legal title to
the WCNC van to the City.
-4 -
VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
A. No member or delegate to the Congress of the United States, and no resident
Commissioner shall be admitted to any share or part of this agreement or to any
benefit to arise herefrom.
B. No member of the governing body of the City, no officer, employee, official or
agent of the City, or other local public official who exercises any functions or
responsibilities in connection with the review, approval or carrying out of the
project to which this agreement pertains shall have any private interest, direct
or indirect, in this agreement.
VIII. INTEREST OF WCNC:
WCNC covenants that it personally has no interest and shall not acquire any inter-
est, direct or indirect, which would conflict in any manner or degree with the
performance of services to be performed under this agreement. WCNC further covenants
that in the performance of this agreement no person having such an interest shall be
employed by WCNC.
X. ASSIGNABILITY:
WCNC shall not assign or transfer any interest in this agreement, whether by
assignment or novation, without the prior written approval of the City.
XI. HOLD HARMLESS PROVISION:
WCNC shall indemnify and hold harmless the City, it officers, employees and agents
frov all liability, loss, cost, damage, and expense (including reasonable attorney's
fees and court costs) resulting from or incurred by reason of any actions based upon
the performance of this agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement on this 13th day
of March 1984.
CITY OF IOWA CITY
By :
Rsealved & Approved
By The legal Department
�Ve *A
WILLOW CREEK NEIGHBORHOOD
CENTER. INC. -
By: (1/
Attest: Q/
M
RESOLUTION NO. 84-53
RESOLUTION NAMING A STREET
WHEREAS, the Highway #I, South relocation project created
a frontage road along Highway 91 from Sunset Street to Willow i
Creek Drive, and
WHEREAS, it is recommended that this frontage road be named
Willow Creek Court,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa
City, Iowa, that said frontage road be named Willow Creek Court.
It was moved by Zuber and seconded by Ambrisco
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT
X Ambrisco
X Baker '
X Dickson
X Erdahl j
X McDonald j
X Strait
X Zuber
Passed and approved this 13th day of March 1984.
Yd --e.., 03
�
M R
ATTEST: -A • o f�IJ
CITY CLERK
Received 8 Approved
By The Legal Dpbrfmsnt
4&73
1
RESOLUTION NO. 84-54
RESOLUTION AUTHORIZING ECXECUTppIRRON OF AN IAIppGNREEMRREVVNITICC
FORHTHESCAMPSCARDINAC ROAD'BRIDGENRELOCATIONEPROJECT
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with MMS Consultants, Inc. a copy of saidagreemen'
being attached to this Resolution and by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said agreement with MMS Consultants Inc of Iowa City, Tnwa for
_ inspection services for the Camp Cardinal Road Bridge Relocation
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with MMS Consultants, Inc.
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
It was moved by Dickson and seconded by Zuber that
the resolution as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Baker
X _
Dickson
_
X Erdahl
X
McDonald
X
Strait
X
Zuber
Passed and approved this 13th day of March 19 84
MAYOR
ATTEST:
CITY CLERK
Rsa;i•rcd 1;. J1pprIV04
ey „Th j 9aartntent
3 /Fy
I
1
1
AGREEMENT
This Agreement, made and entered into this 13thday of March
1984, by and between the City of Iowa City, a municipal corporation, herein-
after referred to as the City and MMS CONSULTANTS, INC., of Iowa City, Iowa,
hereinafter referred to as the Consultant.
Now, therefore it is hereby agreed by and between the City and the Con-
sultant, that the Consultant will act for and represent the City in all matters
involved in the terms of this Agreement. Such Contract of Employment to be
subject to the following terms and conditions and stipulations, to wit:
The Consultant shall not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts:
a. To discharge from employment or refuse to hire any individual
because of their race, color, religion, sex, national origin,
disability, age, marital status or sexual preference.
b. To discriminate against any individual in terms, conditions., or
privileges of employment because of their race, color, religion,
sex, national origin, disability, age, marital status or sexual
preference.
I. SCOPE OF SERVICES
The Consultant is to provide full-time project inspection, surveying
and testing services for the Camp Cardinal Road Bridge Relocation Project,
hereinafter referred to as the Project.
Full Time Project Representation
The Consultant shall provide technical observation of the construction
on a full-time basis whenever there is activity at the Project site.
Through on-site observations of the work in progress and field checks
of the materials by the Consultant or his staff, the Consultant shall pro-
vide protection for the City against defects and deficiencies in the ex-
ecution of the Project by the Contractor(s).
The Consultant shall keep and maintain all Project notes, records,
forms and daily logs required by the Iowa Department of Transportation -
Highway Division in conjunction with projects funded in part with Federal
monies. Copies of all project notes, forms and daily logs shall be sub-
mitted to the City on a weekly basis. It is understood that the City will
conduct any and all wage surveys required when Federal funds are used on
the Project.
Surveying
The Consultant shall provide the initial Project field stake out of
construction and all subsequent staking as construction progresses. It is
further understood that if, in the opinion of the Consultant, any of the
survey stakes or marks have been carelessly or willfully destroyed or dis-
turbed by the Contractor, the cost of replacing them will be charge to the
Contractor.
Testing
The Consultant shall provide field testing for embankment construction,
cast -in-place concrete, and inspection at the concrete plant whenever con-
crete is Leing batched for the Project.
�9�
Testing (cont.)
The frequency and amount of testing for cast -in-place concrete
for the Project shall be as prescribed by the Iowa Department of
Transportation - Highway Division Construction Manual.
The.amount of soil testing to be done during construction of the
embankment shall be as prescribed by the Iowa Department of Transpor-
tation - Highway Division Construction Manual and as determined by the
Consultant. In general, enough testing will be conducted so that the
Consultant can determine that the construction work is complying with
the compaction requirements of the specifications. The actual number
of tests will vary depending upon weather conditions, soil conditions,
and other factors. Special consideration for testing shall be given
to the more critical areas including preparation of the existing sur-
faces to receive fill, compaction of materials at bridge abutments,
and compaction of materials around pipes. Uniform compaction of mate-
rial throughout the embankment is also of importance to minimize future
settlement.
The project engineer or a qualified inspector working under the
engineer's supervision will be on site during placement of all fill.
Sufficient compaction tests will be made on each lift to insure that
the work is complying with the compaction requirements of the speci-
fications. Additional tests will be made in critical areas or where
visual observation by the project inspector indicates areas of ques-
tionable compaction results.
II. GENERAL TERMS
1. The City may terminate this Agreement upon seven (7) days written
notice. If the Agreement is terminated, the Consultant shall be
paid on the basis of work satisfactorily completed and accepted
by the City. The percentage of work completed but not yet accepted
by the City shall be determined mutually by the City and the Con-
sultant. If the City and the Consultant are unable to agree on
the percentage of completion, the matters shall be resolved by the
procedures of the American Arbitration Association.
2. Records of the Consultant's Charges pertaining to the Project shall
be kept on a generally recognized accounting basis and shall be
available to the City or its authorized representative at mutually
convenient times.
3. This Agreement shall be binding upon the successor and the assigns
of the parties hereto; provided, however, that no assignment shall
be made without the written consent of all parties to said agree-
ment.
4. It is further agreed that no party to this Agreement will perform
contrary to any State, Federal or County Law or any of the Ordin-
ances of the City of Iowa City, Iowa.
5. The Consultant agrees to furnish all reports and/or drawings with
the seal of a Professional Engineer or Architect affixed thereto
where such seal is required by law.
6. The City agrees to tender to the Consultant all fees and money in
accordance with this Agreement except that failure by the Consultant
to satisfactorily perform in accordance with this Agreement shall
constitute grounds for the City to withhold payment of the amount
sufficient to properly complete the Project in accordance with this
Agreement.
�9�
-3-
7. Should any section of this Agreement be found to be invalid, it
is agreed that all other sections shall remain in full force and
effect as though severable from the part invalid.
8. It is understood and agreed that the retention of the Consultant
by the City for the purpose of this Project shall be exclusive
but the Consultant shall have the right to employ such assistance
as may be required to meet the requirements of this Agreement.
Consultant shall be allowed compensation for such services and
reimbursable expenses on a basis of 1.00 multiplier times the
amount billed.
9. C.M. Stephan, of the Consultant shall attend such meetings of the
City Council relative to the work set forth in this Agreement and
as may be requested by the City. Any requirements made by the
City shall be given with reasonable notice to said person so that
he may respond.
10. The Consultant agrees to furnish, upon termination of this
Agreement and demand by the City, copies of all basic notes
and sketches, charts, computations, and any other data pre-
pared or obtained by the Consultant pursuant to this agree-
ment without cost, without restriction or limitations as to
the use relative to this Project. The Consultant shall not
be liable for use of such documents on other projects.
III. CITY'S RESPONSIBILITY
The City shall:
1. Provide full information as to the requirements for the Project.
2. Designate the City Engineer to act as the City's representative
with respect to the work to be performed under this Agreement
and such person shall have complete authority to transmit in-
structions, receive information, interpret and define the City's
policies and decisions with respect to materials, equipment,
elements and systems pertinent to the work covered by this
Agreement.
3. Assist the Consultant by placing at his disposal all available
information pertinent to the site of the Project including pre-
vious reports and any other data relative to design and construc-
tion of the Project.
4. Make all provisions for the Consultant to enter upon public and
private land, as required, for the Consultant to perform his work
under this Agreement.
5. Examine all studies, reports, sketches, estimates, specifications,
i drawings, proposals, and other documents presented by the Consultant
and render in writing decisions pertaining to the documents within
fifteen (15) days after receipt so as not to delay the work of the
Consultant.
6. Conduct any and all wage surveys and interviews of the Contractor's
employees and review all Contractor's payroll documents as may be
S required for this Project.
�9�
-4 -
IV. TIME OF PERFORMANCE
The Consultant shall provide services on a time schedule so that
the Contractor's work will not be delayed.
Services shall begin with the pre -construction conference, con-
tinue through the construction period to the Consultants statement of
substantial completion to the City, and shall end with the final audit
by the Iowa Department of Transportation - Highway Division of all
records and notes compiled throughout the Project.
V. COMPENSATION FOR SERVICES
The City agrees to pay the Consultant for services as stated in this
Agreement on the basis of the standard billing rate, including outside
expenses.
The Agreement fee including the total Project inspection, surveying
services, testing, and outside expenses shall not exceed $35,300.00.
The billing rate schedule attached shall be designated Exhibit "A".
The City agrees to reimburse the Consultant for outside expenses at cost.
The Consultant shall furnish proof of all outside expenses upon request.
The Consultant shall submit monthly statements for services rendered
and for outside expenses incurred. With each billing, the Consultant shall
list the individual classification, the hours worked, and the hourly rate.
The City shall make prompt monthly payments in response to the Consultants
monthly statements.
All provisions of this Agreement when not specifically defined shall
be reconciled in accordance with the highest ideals of the Engineering
Profession.
It is further stated that there are no other consideration or monies
contingent upon or resulting from the execution of this Agreement nor have
any of the above been applied by any party to the Agreement.
F R THE CITY: MMS COS LTANTS, INC.
ATTEST: ATTEST: pp
Reeelved 8 Approved
BY Tho„ Legal Do artTn/ent
'."'"py/� 3 -7 V� Y
i
EXHIBIT "A"
MMS CONSULTANTS, INC.
Rates Effective November I, 1983
WORK
A +11 -lour
CODE
Description
_moun _
11
Professional Engineer 1 ..........
$42.00/Hr.
12
Professional Engineer 11 .........
$39.00/Hr.
13
Project Engineer ..............
$32.00/11r.
21
Landscape Architect I ..........
$42.00/Hr.
22
Landscape Architect II .........
$35.00/Hr.
31
Land Surveyor I .............
$42.00/Hr.
32
Land Surveyor 11 .............
$35.00/Hr.
41
Engineering Technician I ........
$30.00/Hr.
42
Engineering Technician 11 ........
$24.00/Hr.
43
Engineering Technician III .......
$21.00/Hr.
44
Engineering Technician IV .......
$19.00/Hr.
61
2 -Man Survey Crew ...........
$40.00/Hr.
62
3 -Man Survey Crew ....:......
$57.00/Hr.
71
2 -Man Const. Crew ...........
$50.00/Hr.
72
3 -Man Const. Crew ...........
$72.00/Hr.
91
Electronic Distance Meter .......
$15.00/1 -Ir.
■
�City of Iowa Citi
MEMORANDUM
Date: March 6, 1984
To: City Council and City Manager
From: Frank Farmer ,
Re: Camp Cardinal Road Bridge Relocation Project
Due to the heavy workload scheduled for the 1984 construction season which
includes the paving of Tanglewood Street, Ventura Avenue, and St. Anne's
Drive, the construction of the creek crossing on First Avenue extended
(north of Rochester Avenue), various subdivision improvements, the
Shamrock/Arbor Drive storm sewer improvements, and the reconstruction of
the Iowa Avenue bridge, a consultant needs to be hired to perform the
inspection and testing services for the Camp Cardinal Road Bridge Reloca-
tion Project. Considering the rather involved, time-consuming type of
inspection required by -the Iowa Department of Transportation for projects
funded by the Federal -aid Bridge Replacement Program, Engineering does not
have enough personnel to perform the job effectively, and at the same
time, provide necessary and proper inspection and field testing for the
previously -mentioned projects.An agreement with MMS consultants, the
subcontracting design consultant, to NNW, Inc. for the Camp Cardinal Road
Bridge Relocation Project is attached. Personnel from MMS Consultants are
familiar with this project as they performed the field work and road
design and would work with Noel Willis the Design Engineer, to insure
proper construction. The "not to exceed" inspection fee is $35,300. this
amounts to 11.5 percent of the estimated construction cost and is very
reasonable. This compares favorably with other projects in which the City
has retained a consultant to perform inspection work.
tp2/3
RESOLUTION NO. 84-55
RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS
WHEREAS, the City Council of Iowa City, Iowa, did on April 27, 1982, adopt
Ordinance No. 82-3058 which governs the use of City Plaza; and
WHEREAS, Section 12 of said ordinance provides for the permit fees for the
use of the City Plaza to be established by Resolution; and
WHEREAS, this Resolution will supercede Resolution 82-138 which established
fees for City Plaza permits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the following fee schedule is established for permits issued for
the use of City Plaza:
1. Motor Vehicle Permits
a. Continuing No charge
b. Temporary No charge
2. Mobile Vending Cart $300 annually
3. Ambulatory Vending $100 per year
4. Sales for vending - temporary or occasional $10 per day
5. Cultural or Entertainment exhibits or events No charge
where no sales occur
It was moved by Zuber and seconded by Dickson
the Resolution 8e adopted, and upon roll call there were:
AYES: NAYS: ABSENT: '
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
I
Passed and approved this 13th day of March 1984•
i
YOR
ATTEST: %ila�.�-,��
CITY CLERK
.%celvad S Approved
By The Legal Depraftwnt
-�- 119.S
RESOLUTION NO. 84-56
RESOLUTION AMENDING THE AUTHORIZED PERMANENT POSITIONS IN THE
TRANSIT DEPARTMENT.
WHEREAS, Resolution No. 83-73 adopted by the City Council on March 29,
1983, establishing an operating budget for FY84 authorizes all permanent
positions, and
WHEREAS, the current operations workload of the Transit Department may be
performed more efficiently through reassignment of job duties to provide
additional staff supervision, and
WHEREAS, the amendment to the authorized permanent positions will not
require additional funding in the FY84 operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the authorization of personnel be amended as follows:
The deletion of:
1. One Assistant Transit Manager position, Administrative Grade 51.
2. One Transit Operations Assistant position, AFSCME Grade 9.
The addition of:
1. One AM Transit Operations Assistant position, Administrative Grade 50.
2. One PM Transit Operations Assistant position, Administrative Grade 50.
It was moved by Dickson and seconded by Baker
the Resolution be a op e , and upon roll call ere were:
AYES: NAYS: ABSENT:
X _
X _
X
Passed and approved this 13th day
ATTEST:
Ambrisco
Baker
Dickson
X Erdahl
McDonald
Strait
Zuber
March , 1984.
Pacolvod & Approved
kt ho Legal pas menl
sQgy
//969